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Same-sex marriage in New Hampshire

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
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Civil unions in New Hampshire are permitted under state law between unrelated same-sex individuals and are intended to provide the same "'rights, responsibilities and obligations' as heterosexual marriage, differing in name only."[1] The first civil unions in New Hampshire took place after the stroke of midnight on January 1, 2008.[2] Same-sex marriage is currently not legal in the state of New Hampshire, though a bill was passed by the state legislature that would enable same-sex marriage if the governor signs the bill or does not veto it.

History

Civil unions

After the 2006 Democratic takeover of the New Hampshire state legislature, several bills were considered which would grant same-sex couples greater civil rights in the state. Proposals were made by both Democratic and Republican politicians. The various proposals ranged from allowing couples to enter into a "contractual cohabitation," a "civil union," a "spousal union," or a same-sex marriage. Governor John Lynch opposes same-sex marriage, but did, through various spokespersons, indicate that he was receptive to discussing civil unions as a means of granting certain rights to same-sex couples.[3]

On April 4, 2007, the New Hampshire House passed a civil unions bill, HB437, with a vote of 243 to 129, to give partners in same-sex civil unions the same "rights, responsibilities and obligations" as heterosexual couples in marriages.[1] Lynch stated on April 19, 2007 that he would sign legislation granting civil unions to same-sex couples because he believes "...it is a matter of conscience, fairness and preventing discrimination."[4] On April 26, 2007, the New Hampshire Senate approved the civil unions bill 14-10 along political party lines.[5] On May 31, 2007, Governor John Lynch signed the civil unions bill into law,[6] making New Hampshire "...the first state to embrace same-sex unions without a court order or the threat of one."[5] The law took effect January 1, 2008.[6][7]

Licenses were made available on December 10, 2007[8][9] such that civil unions could be sealed starting at 12:01 am on January 1, 2008. Deputy secretary of state David Scanlan said, "As far as we're concerned, everything is on schedule."[8]

Civil unions took place throughout New Hampshire just after midnight on January 1, 2008. The largest gathering occurred in Concord, on the steps of the State House. Twenty-three couples were expected to participate in the event, however, an estimated 40 actually took part, and some 200-300 friends, family and onlookers observed. The event drew one protestor who "...quietly handed out a statement calling all sex outside of heterosexual marriage a sin..."[10][2]

Under the New Hampshire civil unions law, same-sex civil unions or marriages conducted in other states will be recognized as civil unions in New Hampshire. House Bill 1415 was introduced by Representative Maureen Mooney to repeal this portion of the current civil unions bill and was ultimately deemed inexpedient to legislate.[11][12][13]

At the end of 2008, after one year of legal recognition of same-sex civil unions in New Hampshire, approximately 600 civil unions licenses have been issued by the state, while approximately 8,700 marriage licenses were issued by the state during the same time period.[14]

Marriage

On March 18, 2009, the New Hampshire House of Representatives Judiciary Committee voted in a deadlocked vote 10-10 to send a same-sex marriage bill to the floor of the state's House of Representatives. The tied committee vote automatically resulted in a vote on the bill before the full House, but the Committee was not permitted to issue a recommendation on the bill as a result. On March 26, 2009, the New Hampshire House of Representatives approved a same sex marriage bill. In the first vote the bill was failed on a 182-183 vote, but after the first vote, a few representatives changed their minds under a motion to reconsider, and the bill passed 186-179. The bill then proceeded to the Senate, thought it is unclear whether Gov. Lynch will veto it.[15][16] On Thursday, April 23, 2009, the New Hampshire Senate Judiciary Committee by a vote of 3-2 recommended that the full senate defeat the bill, but the following Wednesday, the Senate approved an amended version of the bill 13-11.[17] The amended bill then went on to pass the House, and thus the legislature, on Wednesday, May 6, 2009; however, it is not clear whether Gov. John Lynch will sign it, veto it, or let it become law without his signature.[18][19] Governor Lynch will have until May 11, 2009 to either sign the bill, or veto it. After that date, the bill will become law by default.

Despite the civil union law intending to provide "all the rights and subject [a couple] to all the obligations and responsibilities provided for in state law that apply to parties who are joined together,"[20] only some benefits, and some limitations, shall exist.[21][22][23]

Benefits

  • Access to medical care information and decision making;
  • Access to proceedings and information related to partner's death, and ability to make funeral arrangements;
  • Right to be placed in the same room in a nursing home;
  • Health care coverage under state-regulated family plans;
  • State pension benefits;
  • Inheritance without a will;
  • Ability to transfer property between partners without paying state taxes;
  • Ability to change names by showing civil union certificate to government agencies, banks, etc. and simply stating a name preference;
  • Pay or receive alimony and/or child support ordered by a court in a divorce;
  • Ability to adopt as a stepparent.[22]

Limitations

  • Legal status only recognized in certain states;
  • Unclear divorce proceedings should one or both partners move out-of-state;
  • If partner's death occurs out-of-state, unclear whether surviving partner may obtain death certificate and claim body;
  • Entering into a civil union triggers "Don't ask, don't tell" for military personnel, and expulsion from the military;
  • Employers governed by federal laws are allowed to provide health and other benefits only to heterosexual couples on a tax-free basis, whereas same-sex couples must pay income taxes on the value of such benefits (note: New Hampshire does not levy income tax);
  • Partners are treated as unmarried adults under more than 1,100 federal laws;
  • May jeopardize a couple's ability to adopt overseas;
  • Federal privacy laws can prohibit access to some medical care information without durable power of attorney.[22]

New Hampshire Public Opinion

The University of New Hampshire Survey Center released a statewide poll taken from April 13-22, 2009 which concluded that 55% of New Hampshire residents support gay and lesbian couples’ right to marry, while 39% percent oppose it[24][25].

Economic Impact of Allowing Marriage for Same Sex Couples

A UCLA study from March 2009 estimates the impact of allowing same-sex couples to marry on New Hampshire’s state budget. The study concludes that allowing same-sex couples to marry will result in a net gain of approximately $500,000 each year for the State[26]. This net impact will be the result of savings in expenditures on state means-tested public benefits programs and an increase in meals and room tax revenues from increased wedding-related tourism.

See also

References

  1. ^ a b Moskowitz, Eric. (5 April 2007) N.H. House passes civil unions Concord Monitor. Accessed 11 April 2007.
  2. ^ a b Robidoux, Carolyn. (1 January 2008) Civil unions ring in the New Year New Hampshire Union Leader. Accessed 1 January 2008.
  3. ^ Liebowitz, Sarah. (5 March 2007) Gay unions could gain support Concord Monitor. Accessed 11 April 2007.
  4. ^ AP. (19 April 2007) Lynch: NH should have civil unions New Hampshire Union Leader. Accessed 19 April 2007.
  5. ^ a b Wang, Beverley. (26 April 2007) State Senate approves civil unions for same-sex couples Concord Monitor. Accessed 26 April 2007.
  6. ^ a b AP. (31 May 2007) Lynch signs bill legalizing civil unions. Concord Monitor. Accessed 31 May 2007.
  7. ^ HB 437 Bill Legislative History New Hampshire General Court. Accessed 14 February 2008.
  8. ^ a b Fahey, Tom. (25 November 2007) State House Dome: Date set for civil union licenses New Hampshire Union Leader. Accessed 25 November 2007.
  9. ^ AP. (25 November 2007) Civil unions license available by Dec. 10 Concord Monitor. Accessed 25 November 2007.
  10. ^ Timmins, Annmarie. (1 January 2008) Same-sex couples say 'I Do' just after midnight Concord Monitor. Accessed 3 January 2008.
  11. ^ (31 December 2007) Midnight Ceremonies Mark Civil Unions WMUR-TV. Accessed 3 January 2008.
  12. ^ HB 1415 Text New Hampshire General Court. Accessed 3 January 2008.
  13. ^ HB 1415 Legislative History New Hampshire General Court. Accessed 14 February 2008.
  14. ^ AP. (9 January 2009) 600 civil unions in first year for N.H. Concord Monitor. Accessed 11 January 2009.
  15. ^ House Approves Same-Sex Marriage After Bill Initially Fails WMUR
  16. ^ New Hampshire Takes Step Closer to Approving Same-Sex Marriage CNSNews.com
  17. ^ Gay Marriage Could Come to N.H. New York Times
  18. ^ AP. (6 May 2009) N.H. Legislature approves same-sex marriage bill SeacoastOnline. Accessed 6 May 2009.
  19. ^ AP. (26 March 2009) NH House approves gay marriage Boston Globe. Accessed 26 March 2009.
  20. ^ HB 437-FN-L Text New Hampshire General Court. Accessed 3 January 2008.
  21. ^ (31 December 2007) N.H. Civil Unions Have Protections, Pitfalls WMUR-TV. Accessed 3 January 2008.
  22. ^ a b c AP. (2 January 2008) Benefits and pitfalls for gay couples Concord Monitor. Accessed 3 January 2008.
  23. ^ AP. (2 January 2008) N.H. same-sex unions: promise and reality Chicago Tribune. Accessed 3 January 2008.
  24. ^ http://www.365gay.com/news/nh-gov-mum-on-marriage-bill/
  25. ^ http://overturn8.nclrights.org/2009/04/28/new-poll-shows-majority-of-new-hampshire-voters-continue-to-support-marriage-equality-for-lesbian-and-gay-couples/
  26. ^ The Impact on New Hampshire's Budget of Allowing Same-Sex Couples to Marry
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